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2025 Supreme(Online)(SCDRC) 8971
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
T P S MANN, PRESIDENT, S.P. SOOD, JUDICIAL MEMBER, MANJULA, MEMBER
Angel Care Hospital – Appellant
Versus
PSR Diagnostics Pvt. Ltd. – Respondent
First Appeal No. SC/6/A/723/2022
For the Appellant: Shri Ashish Jhamb
For the Respondents: Shri Vivek Kumar, Shri Sanjay Kumar Tyagi
The appeal was dismissed as the complainant failed to provide adequate evidence of warranty and defect proof during the warranty period.
Headnote:(A) Consumer Protection Act, 2019 - Section 41 - Appeal against order allowing complaint for defective machine - Court confirmed the District Commission's decision, stating that the complainant failed to provide adequate proof of guarantee and warranty limitations were applicable. (Paras 2, 8, 9)
(B) Deficiency in Service - Court discussed the onus of proof regarding warranty claims, asserting that lack of evidence supporting manufacturing defects negated the appeal. (Paras 7, 9)
Facts of the case:
The complainant purchased medical equipment with an assurance of a one-year guarantee and two years warranty, on which serious technical issues arose, leading to an appeal after partial relief in the lower court.
Findings of Court:
The complainant could not prove that the defects existed within the warranty period and directed the appeal as lacking merit.
Issues: Core issues involved warranty proof and the timeline of the complaint vis-a-vis the purchase date.
Ratio Decidendi: The court maintained that the burden of proof lies with the complainant regarding defects, and without adequate evidence, the ruling could not be overturned.
Result: Appeal stands dismissed.
| Table of Content |
|---|
| 1. complaint involves machinery purchase with warranty. (Para 2 , 3) |
| 2. arguments focus on warranty validity and defendant's obligations. (Para 7 , 8) |
| 3. dismissal of appeal due to lack of evidence. (Para 9) |
ORDER
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA First Appeal No.723 of 2022 Date of Filing:02.12.2022 Date of Order:14.05.2025 Angel Care Hospital situated at Preet Vihar,Gali No.1, near PVR Barsat Road, Panipat through its authorized person namely Sh.Joginder Singh aged 40 years.
…..Appellant Versus
1. PSR Diagnostic Pvt. Ltd. situated at 10, 2nd Floor, Savitri Chamber, D Block Central Market, Opp. PVR Cinema, Prashant Vihar, Delhi through its Director/Partner/Manager.
2. PSR Diagnostic Pvt. Ltd. situated at 10, 2nd Floor, Savitri Chamber, D Block Central Market, Opp. PVR Cinema, Prashant Vihar, Delhi through its authorized person.
..…Respondents CORAM: Hon’ble Mr. Justice T.P.S Mann, President.
Mr.S.P.Sood, Judicial Member Mrs. Manjula, Member.
Present:- Shri Ashish Jhamb, counsel for the appellant.
Shri Vivek Kumar proxy counsel forSh.Sanjay Kumar Tyagi, counsel for the respondents.
O R D E R
T.P.S. MANN J.
Appellant-Complainant-Angel Care Hospital has filed the instant appeal under Section 41 of the Consumer Protection Act, 2019 for challenging the order dated 21.06.2022 passed by learned District Consumer Disputes Redressal Commission, Panipat whereby complaint filed by it (Angel Care Hospital) was allowed with directions:-
“For the reasons recorded above, we partly allow the present complaint and direct the opposite parties:-
“I. To repair the machine in question to the satisfaction of the complainant within 45 days from the date of receipt of copy of this order.
II. Further to pay Rs.20,000/- (Rupees Twenty Thousand only) as compensation to the complainant for mental agony and harassment besides Rs.5500/- (Rupees Five Thousand five Hundred Only) as litigation expenses. The complaint is hereby partly allowed as indicated above and remaining claim of the complainant is hereby dismissed.
2. The brief facts of the case are that the complainant purchased some machines as well as medical equipments for his above said hospital vide invoice No.2019- 20/1178 dated 06.11.2019 amounting Rs.2,12,550/-. The complainant paid whole payment of the above said invoice to the opposite party (OP). The OP installed the equipment at said hospital of complainant on 02.11.2019. The OP assured full guarantee of one year as well as warrantee period of 2 years, which was valid till 05.11.2021. If any fault may arise during the guarantee period, then OPs will replace the defective machine and if it comes within warranty period then they will repair the defective products within 7 days but it could not so happen. Since beginning, the performance of purchased machines was very poor and not only this, there were some technical glitches as display of said machine started to fluctuate at any time and not giving proper outcome. The complainant immediately informed the OPs about malfunctioning machine through phone calls/whatsaap No.7290003504 and upon complaint of the complainant, the authorized representative Sh.Pankaj Paswan visited at the hospital of complainant and after inspection of said machine, said technician found major technical issue in the said machine and advised to replace the same. The complainant asked said technician to replace the defective machine with new one then he prolonged the matter with this version that “Dr. Sahab abhi 2-4 din is machine se kaamchalaomaiapni report company ko send kardunga aur jaldi hi ise replace karwadenge.” The technician Pankaj Paswan attended the complaint of complainant several times and issued various reports dated 18.01.2020, 22.10.2020, 02.11.2020 and 11.11.2020 but no fruitful results came out. The complainant requested the OPs to replace the same with new one, but, to of no avail. Faced with this situation, complainant got issued a legal notice dated 05.02.2021, 03.04.20
